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Legislative Assembly for the ACT: 2004 Week 02 Hansard (Thursday, 4 March 2004) . . Page.. 789 ..

undertaking to the chief executive that they will stop breaching the act; (3) the person then breaches this undertaking; (4) the chief executive obtains an order from the Magistrates Court ordering the person to comply with the undertaking; and (5) the person breaches the Magistrates Court’s order.

Once matters get to this stage, it is a serious problem and heavy penalties are justified. The offence punishes people for breaching an order issued by the court. It is necessary to include this penalty because the Magistrates Court can only punish contempt in the face of the court. Failing to comply with an order of the court is not contempt in the face of the court.

MRS CROSS (5.30): As with the last amendment, I will be opposing this amendment. I believe that it is in order to deter breaches of the law. I think it is important not only to send a very clear message out there but also that 200 units stay in place. What surprises me is that if community safety, security and welfare are paramount, why would someone support a reduction in penalties? I don’t understand that. It is like saying, “Let’s ban it. If we’re not going to ban it, then let’s just reduce the penalty units because we really don’t want to be too stiff on people that break the law.” I just find it odd.

MR PRATT (5.31): The opposition will support this amendment. By halving the penalty rates proposed, the message we send out to the community—that is, we are concerned about community safety and the safe use of substances—will still be clear enough.

Amendment negatived.

Clause 128 agreed to.

Clauses 129 to 134, by leave, taken together and agreed to.

Clause 135.

MS GALLAGHER (Minister for Education, Youth and Family Services, Minister for Women and Minister for Industrial Relations) (5.32): I move amendment No 11 circulated in my name [see schedule 1 at page 816].

Amendment agreed to.

Clause 135, as amended, agreed to.

Clauses 136 and 137, by leave, taken together and agreed to.

Clause 138.

MS GALLAGHER (Minister for Education, Youth and Family Services, Minister for Women and Minister for Industrial Relations) (5.33): I move amendment No 12 circulated in my name [see schedule 1 at page 816].

Amendment agreed to.

Clause 138, as amended, agreed to.

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